BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 128
          Author:   Bradford (D)
          Amended:  9/3/13 in Senate 
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  3-3, 6/11/13 (FAIL)
          AYES:  Hancock, Anderson, Block
          NOES:  De León, Knight, Liu
          NO VOTE RECORDED:  Steinberg

           SENATE PUBLIC SAFETY COMMITTEE  :  4-2, 6/25/13
          AYES:  Hancock, Anderson, Block, Steinberg
          NOES:  De León, Knight
          NO VOTE RECORDED:  Liu

           SENATE APPROPRIATIONS COMMITTEE :  5-0, 8/30/13
          AYES:  De León, Walters, Hill, Lara, Steinberg
          NO VOTE RECORDED:  Gaines, Padilla

           ASSEMBLY FLOOR  :  62-4, 5/28/13 - See last page for vote


           SUBJECT  :    Peace officers:  airport law enforcement

           SOURCE  :     Los Angeles Airport Peace Officers Association


           DIGEST  :    This bill changes the peace officer status of airport  
          law enforcement officers regularly employed by Los Angeles World  
          Airport (LAWA) to peace officers whose authority extends to any  
          place in California, as specified.

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           ANALYSIS :    

          Existing law:

          1. Provides that the following are peace officers, who may carry  
             firearms only if authorized and under terms and conditions  
             specified by their employing agency, whose authority extends  
             to any place in California for the purpose of performing  
             their primary duty, or when making an arrest for a public  
             offense where there is immediate danger to a person or  
             property or to prevent the perpetrator's escape, as  
             specified, or during a state of emergency, as specified:

             A.    Members of the San Francisco Bay Area Rapid Transit  
                District Police Department if their primary duty is  
                enforcement of the law in or about property owned,  
                operated or administered by the district or when  
                performing a necessary duty with respect to patrons,  
                employees and properties of the district. 

             B.    Harbor or port police if their primary duty is  
                enforcement of law in or about property owned, operated  
                or administered by harbor or port or when performing a  
                necessary duty with respect to patrons, employees and  
                properties of the harbor or port. 

             C.    Transit police officers or peace offices of a county,  
                city, transit development board or district if the  
                primary duty is the enforcement of the law in or abut  
                property owned, operated or administered by the  
                employing agency or when performing a necessary duty  
                with respect to patrons, employees and properties of the  
                employing agency.

             D.    Persons employed as airport law enforcement officers  
                by a city, county or district operating the airport or a  
                joint powers agency operating the airport if their  
                primary duty is the enforcement of the law in or about  
                property owned, operated and administered by the  
                employing agency or when performing a necessary duty  
                with respect to patrons, employees and properties of the  
                employing agency.  

             E.    Railroad police officers commissioned by the Governor  

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                if their primary duty is the enforcement of the law in  
                or about property owned, operated or administered by the  
                employing agency or when performing necessary duties  
                with respect to patrons, employees and properties of the  
                employing agency.  

          2. Declares specific persons to be peace officers:  any sheriff,  
             undersheriff, deputy sheriff, chief of police, officer of  
             municipal public safety agency who performs police functions,  
             police officer, officer of the San Diego Unified Port  
             District Harbor Police, marshal or deputy marshal of a  
             superior court or county, port warden or port police office  
             of the Harbor Department of the City of Los Angeles, or  
             inspector or investigator employed in that capacity in the  
             office of the district attorney.  Provides that the authority  
             of these peace officers extends to any place in California as  
             follows.  (Penal Code [PEN] Section 830.1(a))

             A.    As to a public offense committed or which there is  
                probable cause to believe has been committed within the  
                political subdivision that employs the peace officer or  
                in which the peace officer serves.  (PEN Section  
                830.1(a)(1))

             B.    Where the peace officer has prior consent of the  
                chief of police or chief, director or chief executive  
                officer of a consolidated municipal public safety  
                agency, or person authorized by him/her to give consent  
                if the place is within a city or of the sheriff, or  
                person authorized by him/her to give consent if the  
                place is within a county.  (PEN Section 830.1(a)(2))

             C.    As to a public offense committed or which there is  
                probable cause to believe has been committed in the  
                peace officer's presence, and with respect to which  
                there is immediate danger to person or property, or of  
                the perpetrator's escape.  (PEN Section 13540(b))

          3. Provides that in order to change peace officer designation or  
             status, the Commission on Peace Officers Standards and  
             Training (POST) must be requested to undertake a study to  
             assess the need for such a change and requires POST to  
             undertake the study in accordance with its regulations.  (PEN  
             Section 1354(b))

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          This bill:

          1.Changes the peace officer status of airport law enforcement  
            officers regularly employed by LAWA to peace officers whose  
            authority extends to any place in California, as specified.

          2.Defines "LAWA" as the department of the City of Los Angeles  
            that owns and operates the Los Angeles International Airport,  
            the Ontario International Airport, the Palmdale Regional  
            Airport, and the Van Nuys Airport.

          3.States that the provisions of this bill become inoperative on  
            or before April 1, 2014, if the City of Los Angeles does not  
            take the necessary actions, as specified, and the Inspector  
            General of the Los Angeles Police Commission does not post  
            that action on its Internet Web site.  Repeals the bill's  
            provisions on January 1, 2015, unless a later enacted statute  
            (prior to January 1, 2015) deletes or extends the inoperative  
            and repeal dates.

          4.Makes legislative findings and declarations relating to law  
            enforcement at the Los Angeles International Airport.

           Background
           
           POST Feasibility Study  .  POST conducts feasibility studies when  
          a change of designation is requested regarding an existing peace  
          officer position.  LAWA requested a feasibility study regarding  
          a change in designation for LAWA airport law enforcement  
          officers from PEN Section 830.33 to PEN Section 830.1.  POST  
          completed this study on June 1, 2005.  


          At the conclusion of their study, POST recommended that LAWA  
          police officers be designated as peace officers under PEN  
          Section 830.1.  The study included extensive interviews with  
          LAWA officers, the Los Angeles Police Department, and other  
          local law enforcement and federal law enforcement agencies.  The  
          report acknowledged that the duties and responsibilities of LAWA  
          officers stem from the Airport Commission and cited 10 duties  
          and responsibilities which require the additional authority  
          provided by a PEN Section 830.1 designation:


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             The need to possess explosives for training canines for bomb  
             detection.


             The duty to seize explosives and incendiary devices,  
             including unclassified explosives.


             The need to possess diversionary devices to immediately  
             control an incident at airports.


             The duty to conduct background investigations on people  
             working at airports in accordance with the Federal  
             Transportation Security Agency regulations.


             The authority for an officer to seize firearms or other  
             deadly weapons at the scene of domestic violence calls in and  
             around airport terminals, in residential areas owned by  
             airports and in businesses under LAWA's control.


             The responsibility to keep unsafe vehicles off public roads  
             in and around airport property and to prevent them from  
             entering airports.


             The function of preventing gridlock on roads leading to and  
             from airports.


             The prevention, enforcement and investigation of all laws  
             regarding making and giving false bomb reports.  

             The need to issue a citation to a person involved in a  
             traffic accident where there is reasonable cause to believe  
             the person committed a vehicular misdemeanor or infraction.   
             (POST, A Report to the Legislature and the Los Angeles  
             Airport Police Department on Peace Officer Feasibility Study  
             (June 1, 2005).)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  

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           No

          According to the Senate Appropriations Committee, unknown,  
          future costs potentially in excess of $150,000 (Special Fund*)  
          to the extent the upgraded peace officer status of LAWA law  
          enforcement officers results in state reimbursement from POST to  
          LAWA for enhanced investigative/tactical training.

          *Peace Officers' Training Fund 

           SUPPORT  :   (Verified  9/3/13)

          Los Angeles Airport Peace Officers' Association (source) 
          Airport Police Command Officer's Association of Los Angeles
          Alliance for a Regional Solution to Airport Congestion 
          Barstow Police Officer's Association 
          Chief of Los Angeles Port Police
          Chief of Police of the LAWAs
          Chula Vista Police Officers Association
          City of Inglewood, Mayor James T. Butts
          City of Los Angeles, Mayor Eric Garcetti
          Deputy Sheriff's Association of Alameda County
          Fresno Deputy Sheriff's Association
          Gardena Police Officer's Association
          Inglewood Police Officers Association
          Irwindale Police Officer's Association
          Los Angeles Airport Police Supervisor's Association
          Los Angeles City Councilmember Eric Garcetti
          Los Angeles Detention Officers Association
          Los Angeles Police Chief
          Los Angeles Police Department
          Los Angeles World Airports
          Neighborhood Council of Westchester Playa
          Oakland Police Officers Association
          Peace Officers Research Association of California 
          San Bernardino Police Officers Association
          Torrance Police Officers' Association
          Tulare County DSA
          Westchester Democratic Club

           OPPOSITION  :    (Verified  9/3/13)

          Los Angeles Police Protective League
          Riverside Sheriffs Association

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           ARGUMENTS IN SUPPORT  :    The Los Angeles Airport Peace Officers  
          Association states:

            As you are aware, AB 128 would codify a recommendation by  
            the Commission on Peace Officer Standards and Training  
            (POST), California's leading authority on law enforcement,  
            to classify the LAXPD within the California Penal Code  
            830.1, providing our officers official certification to the  
            standard in our state. It will afford airport police the  
            respect reflective of their training and education and  
            provide the citizens they serve services important to their  
            mission.

            Although post has received requests by various law  
            enforcement agencies throughout the state for a similar  
            classification, only three entities have fulfilled the  
            rigorous requirements established by POST to receive a  
            recommended change to 830.1 status:  Los Angeles Port  
            Police, the San Diego Airport and Harbor Police, and the  
            LAXPD.  The state has never refused a POST recommendation  
            for 830.1 status.

           ARGUMENTS IN OPPOSITION :    The Riverside Sheriffs Association  
          states:

            Last year, serious concerns about Los Angeles International  
            Airport security prompted Los Angeles Mayor Antonio  
            Villaraigosa to appoint a 26 member "Blue Ribbon" Commission  
            to study LAX and to report back to the Mayor and City  
            Council as soon as feasible.  There are many complex  
            security, deployment, and fiscal implications involved,  
            including consideration of upgrading the Los Angeles  
            International World Airport (LAWA) police to Penal Code  
            830.1 status.  The issue of a merger of LAWA into LAPD is  
            still one being actively considered by the Mayor and the  
            City.  AB 128 would "end run" this local process,  
            undermining local control!


           ASSEMBLY FLOOR  :  62-4, 5/28/13
          AYES:  Achadjian, Alejo, Ammiano, Atkins, Bigelow, Blumenfield,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  

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            Dahle, Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines,  
            Garcia, Gomez, Gonzalez, Gordon, Gray, Hagman, Hall, Jones,  
            Levine, Logue, Lowenthal, Maienschein, Medina, Mitchell,  
            Morrell, Mullin, Nazarian, Olsen, Pan, Patterson, Perea, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,  
            Stone, Ting, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NOES:  Donnelly, Gatto, Harkey, Mansoor
          NO VOTE RECORDED:  Allen, Bloom, Daly, Gorell, Grove, Roger  
            Hernández, Holden, Jones-Sawyer, Linder, Melendez, Muratsuchi,  
            Nestande, Wagner, Vacancy


          JG:MW:d:n  9/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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